Bill Amendment: FL S0250 | 2015 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Membership Organizations
Status: 2015-05-01 - Died in Community Affairs, companion bill(s) passed, see CS/SB 7078 (Ch. 2015-79) [S0250 Detail]
Download: Florida-2015-S0250-Senate_Committee_Amendment_643606.html
Bill Title: Membership Organizations
Status: 2015-05-01 - Died in Community Affairs, companion bill(s) passed, see CS/SB 7078 (Ch. 2015-79) [S0250 Detail]
Download: Florida-2015-S0250-Senate_Committee_Amendment_643606.html
Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 250
Ì643606(Î643606
LEGISLATIVE ACTION
Senate . House
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The Committee on Children, Families, and Elder Affairs (Altman)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (6) of section 402.301, Florida
6 Statutes, is amended to read:
7 402.301 Child care facilities; legislative intent and
8 declaration of purpose and policy.— It is the legislative intent
9 to protect the health, safety, and well-being of the children of
10 the state and to promote their emotional and intellectual
11 development and care. Toward that end:
12 (6) It is further the intent and policy of the Legislature
13 that membership organizations affiliated with national
14 organizations which do not provide child care as defined in s.
15 402.302;, whose primary purpose is the provision of after school
16 programs, delinquency prevention programs, and providing
17 activities that contribute to the development of good character;
18 which are operated 5 days per week or more; which are facility
19 based or school-based; or good sportsmanship or to the education
20 or cultural development of minors in this state, which charge
21 only a nominal annual membership fee or no fee;, which are not
22 for profit;, and which are certified by their national
23 associations as being in compliance with the association’s
24 minimum standards and procedures are shall not be considered
25 child care facilities and therefore are not subject to the
26 licensing requirements or minimum standards for child care
27 facilities, their personnel shall not be required to be
28 screened. However, such membership organizations shall meet the
29 background screening requirements pursuant to ss. 402.305(2)(a)
30 and 402.3055.
31 Section 2. Paragraph (f) is added to subsection (2) of
32 section 402.302, Florida Statutes, to read:
33 (2) “Child care facility” includes any child care center or
34 child care arrangement which provides child care for more than
35 five children unrelated to the operator and which receives a
36 payment, fee, or grant for any of the children receiving care,
37 wherever operated, and whether or not operated for profit. The
38 following are not included:
39 (a) Public schools and nonpublic schools and their integral
40 programs, except as provided in s.402.3035.;
41 (b) Summer camps having children in full-time residence.;
42 (c) Summer day camps.;
43 (d) Bible schools normally conducted during vacation
44 periods.; and
45 (e) Operators of transient establishments, as defined in
46 chapter 509, which provide child care services solely for the
47 guests of their establishment or resort, provided that all child
48 care personnel of the establishment are screened according to
49 the level 2 screening requirements of chapter 435.
50 (f) Membership organizations affiliated with national
51 organizations which do not provide child care as defined in s.
52 402.302, whose primary purpose is the provision of after school
53 programs, delinquency prevention programs, and activities that
54 contribute to the development of good character; which are
55 operated 5 days per week or more; which are facility-based or
56 school-based; which charge only a nominal annual membership fee
57 or no fee; which are not for profit; and which are certified by
58 their national associations as being in compliance with the
59 association’s minimum standards. However, such organizations
60 shall meet the background screening requirements pursuant to ss.
61 402.305(2)(a) and 402.3055.
62 Section 3. Section 402.316, Florida Statutes, is amended to
63 read:
64 402.316 Exemptions.—
65 (1) The provisions of ss. 402.301-402.319, except for the
66 requirements regarding screening of child care personnel, shall
67 not apply to a child care facility which is an integral part of
68 church or parochial schools conducting regularly scheduled
69 classes, courses of study, or educational programs accredited
70 by, or by a member of, an organization which publishes and
71 requires compliance with its standards for health, safety, and
72 sanitation. However, such facilities shall meet minimum
73 requirements of the applicable local governing body as to
74 health, sanitation, and safety and shall meet the screening
75 requirements pursuant to ss. 402.305 and 402.3055. Failure by a
76 facility to comply with such screening requirements shall result
77 in the loss of the facility’s exemption from licensure.
78 (2) The provisions of ss. 402.301-402.319, except for the
79 requirements regarding screening of personnel, shall not apply
80 to membership organizations affiliated with national
81 organizations which do not provide child care as defined in s.
82 402.302, whose primary purpose is the provision of after school
83 programs, delinquency prevention programs, and activities that
84 contribute to the development of good character; which are
85 operated 5 days per week or more; which are facility-based or
86 school-based; which charge only a nominal annual membership fee
87 or no fee; which are not for profit; and which are certified by
88 their national associations as being in compliance with the
89 association’s minimum standards. However, such organizations
90 shall meet the background screening requirements pursuant to ss.
91 402.305(2)(a) and 402.3055.
92 (3)(2) Any county or city with state or local child care
93 licensing programs in existence on July 1, 1974, will continue
94 to license the child care facilities as covered by such
95 programs, notwithstanding the provisions of subsection (1),
96 until and unless the licensing agency makes a determination to
97 exempt them.
98 (4)(3) Any child care facility covered by the exemption
99 provisions of subsection (1), but desiring to be included in
100 this act, is authorized to do so by submitting notification to
101 the department. Once licensed, such facility cannot withdraw
102 from the act and continue to operate.
103 Section. This act shall take effect July 1, 2015.
104 ================= T I T L E A M E N D M E N T ================
105 And the title is amended as follows:
106 Delete everything before the enacting clause
107 and insert:
108 A bill to be entitled
109 An act relating to child care facilities; amending s.
110 402.301, F.S.; revising legislative intent and policy;
111 clarifying that membership organizations are not
112 subject to licensing requirements or minimum standards
113 for child care facilities; requiring membership
114 organizations to meet certain background screening
115 requirements; amending s. 402.302, F.S.; adding
116 certain membership organizations to entities that are
117 not considered to be child care facilities; amending
118 s. 402.316, F.S.; providing an exemption to membership
119 organizations from licensure requirements; requiring
120 membership organizations to comply with the
121 requirements relating to screening of child care
122 personnel under ss. 402.305 and 402.3055 , F.S.;;
123 providing an effective date.
